#THE DURGAH KHAWAJA SAHEB ACT, 1955 
__________ 

##ARRANGEMENT OF SECTIONS 
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SECTIONS 

1. Short title and commencement. 
2. Definitions. 
3. Act to override Act XX of 1863. 
4. The Committee. 
5. Composition of Committee. 
6. Term of office and resignation and removal of members and casual vacancies. 
7. President and vice-president. 
8. Supersession of the Committee. 
9. Power of Central Government to appoint Nazim. 
10. Advisory Committee to advise Nazim. 
11. Powers and duties of the Committee. 
12. Remuneration of the Sajjadanashin. 
13. Succession to the office of Sajjadanashin. 
14. Power to solicit or receive offerings on behalf of the Durgah. 
15. Committee to observe Muslim Law and tenets of the Chishti Saint. 
16. Board of Arbitration. 
17. Defect in the constitution of, or vacancy in, the Committee not to invalidate acts and proceedings. 
18. Enforcement of final orders of Committee. 
19. Audit of accounts and annual report. 
20. Bye-laws. 
21. Transitional provisions. 
22. Repeal. 



#THE DURGAH KHAWAJA SAHEB ACT, 1955 

##ACT NO. 36 OF 1955 

[14th October, 1955.] 

An Act to make provision for the proper administration of the Durgah and the Endowment of the 
  Durgah  of  Khawaja  Moin-ud-din  Chishti,  generally  known  as  Durgah  Khawaja  Saheb, 
  Ajmer. 

  BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:— 

1. **Short title and commencement.**—(1) This Act may be called the Durgah Khawaja Saheb Act, 1955. 

(2) It shall come into force on such date as the Central Government may, by notification in the 
Official Gazette, appoint. 

2. **Definitions.**—In this Act, unless the context otherwise requires,— 

  (a) “Chief  Commissioner”  means  the  Chief  Commissioner  of  Ajmer,  acting  in  his  individual 
capacity; 

  (b) “Committee” means the Committee consituted under section 4; 

  (c) “Durgah” means the institution known as the Durgah Khawaja Saheb, Ajmer, and includes the 
premises  called  the  Durgah  Sharif  with  all  buildings  contained  therein,  together  with  all  additions 
thereto or all alerations thereof which may hereafter be made from time to time; 

  (d) “Durgah Endowment” includes— 

     (i) the Durgah Khawaja Saheb, Ajmer; 

     (ii) all buildings and movable property within the boundaries of the Durgah Sharif; 

     (iii) Durgah Jagir, including all land, houses and shops and all immovable property wherever 
situated belonging to the Durgah Sharif; 

     (iv) all  other  property  and all income  derived  from  any  source  whatsoever  dedicated  to the 
Durgah  or  placed  for  any  religious,  pious  or  charitable  purposes  under  the  Durgah 
Administration, including the Jagirdari villages of Hokran and Kishanpur in Ajmer; and 

     (v) all such nazars of offerings as are received on behalf of the Durgah by the Nazim or any 
person authorised by him; 

  (e) “Nazim” means the Nazim appointed under section 9. 

3. **Act to override Act XX of 1863.**—This  Act  shall  have  effect  notwithstanding  anything 
inconsistent therewith contained in the Religious Endowments Act, 1863 (XX of 1863). 

4. **The Committee.**—(1)  The  administration,  control  and  management  of  the  Durgah  Endowment 
shall be vested in a Committee constituted in the manner hereinafter provided. 

(2) The Committee shall by the name of “The Durgah Committee, Ajmer”, be a body corporate and 
shall have perpetual succession and a common seal and shall by the said name sue and be sued through its 
president. 

5. **Composition of Committee.**—The Committee shall consist of not less than five and not more than 
nine members all of whom shall be Hanafi Muslims and shall be appointed by the Central Government. 

6. **Term of office and resignation and removal of members and casual vacancies.**—(1) A member 
of the Committee shall hold office for a period of five years from the date of his appointment but may 
resign his office earlier by giving notice in writing thereof to the Central Government and shall cease to 
be a member on the resignation being accepted by that Government. 

(2) The Central Government may remove from office any member of the Committee— 

  (a) who is of unsound mind and stands so declared by a competent court, or 

  (b) who has applied for being adjudged an insolvent, or is an undischarged insolvent, or 

  (c) who has been convicted of any offence involving moral turpitude, or 

  (d) who has absented himself for a period of twelve consecutive months from the meetings of the 
Committee; or 

  (e) whose  presence  on  the  Committee  would,  in  the  opinion  of  the  Central  Government,  be 
prejudicial to the interests of the Durgah. 

(3) Casual vacancies among members of the Committee shall be filled by appointment made by the 
Central Government inconsultation with the remaining members of the Committee. 

(4) The term of office of a member appointed to fill a casual vacancy shall be for so long only as the 
member  whose  place  has  been  filled  would  have  been  entitled  to  hold  office  if  the  vacancy  had  not 
occurred. 

7. **President and vice-president.**—(1) The Committee shall elect a president and  a  vice-president 
from among its members. 

(2) When the office of the president is vacant or in the absence of the president from any meeting, the 
vice-president shall perform the functions of the president. 

(3) In the absence of the president and vice president, a meeting of the Committee may be presided 
over by a member elected by the majority of the members present at the meeting. 

8. **Supersession of the Committee.**—If in the opinion of the Central Government the Committee is 
guilty  of  gross  mismanagement  of  the  affairs  of  the  Durgah  or  of  neglect  in  the  performance  of  its 
functions, the Central Government may supersede the Committee and entrust any person with full powers 
of the Committee until a new Committee is constituted in accordance with the provisions of this Act. 

9. **Power of Central Government to appoint Nazim.**—(1)  The  Central  Government  may,  in 
consultation with the Committee, appoint a person to be the Nazim of the Durgah and the Nazim shall in 
virtue of his office be the secretary of the Committee: 

  Provided  that  no  such  consultation  shall  be  necessary  in  the  case  of  the  appointment  of  the  first 
Nazim. 

(2) The Nazim shall be paid such salary and allowances as the Central Government may fix out of the 
revenues of the Durgah Endowment. 

(3) The  Committee  shall  exercise  its  powers  of  administration,  control  and  management  of  the 
Durgah Endowment through the Nazim. 

10. **Advisory Committee to advise Nazim.**—For the purpose of advising the Nazim in the discharge 
of his functions under this Act and also for such other purposes as may be specified in any bye-laws of 
the Committee, the Central Government may, in consultation with the Chief Commissioner, constitute an 
Advisory Committee consisting of such number of persons, being Hanafi Muslims, not exceeding seven, 
as  the  Central  Government  may  think  fit,  such  persons  being  chosen  from  among  the  residents  of  the 
State of Ajmer or any of the neighbouring States. 

11. **Powers and duties of the Committee.**—The powers and duties of the Committee shall be— 

  (a) to administer, control and manage the Durgah Endowment; 

  (b) to keep the buildings within the boundaries of the Durgah Sharif and all buildings, houses and 
shops comprised in the Drugah Endowment in proper order and in a state of good repair; 

  (c) to receive all moneys and other income of the Durgah Endowment; 

  (d) to see that the Endowment funds are spent in the manner desired by the donors; 

  (e) to pay salaries, allowances and perquisites and make all other payments due out of, or charged 
on, the revenues or income of the Durgah Endowment. 

  (f) to determine the privileges of the Khadims and to regulate their presence in the Durgah by the 
grant to them of licences in that behalf, if the Committee thinks it necessary so to do; 

  (g) to define the powers and duties of the Advisory Committee; 

  (h) to  determine  the  functions  and  powers,  if  any,  which  the  Sajjadanashin  may  exercise  in 
relation to the Durgah; 

  (i) to appoint, suspend or dismiss servants of the Durgah Endowment; 

  (j)  to  make  such  provision  for  the  education  and  maintenance  of  the  indigent  descendants  of 
Khawaja Moin-ud-din Chishti and their families and the indigent Khadims and their families residing 
in India as the Committee considers expedient consistently with the financial position of the Durgah; 

  (k) to delegate to the Nazim such powers and functions as the Committee may think fit; 

  (l) to do all other such things as may be incidental or conducive to the efficient administration of 
the Durgah. 

12. **Remuneration of the Sajjadanashin.**—There  shall  be  paid  to  the  person  for  the  time  being 
holding the office of the Sajjadanashin remuneration at the rate of rupees two hundred per mensem out of 
the revenues of the Durgah Endowment. 

13. **Succession to the office of Sajjadanashin.**—(1) As soon as the office of the Sajjadanashin falls 
vacant, the Committee shall, with the previous approval of the Chief Commissioner, make such interim 
arrangements  for  the  performance  of  the  functions  of  the  Sajjadanashin  as  it  may  think  fit,  and 
immediately  thereafter  publish  a  notice  in  such  form  and  manner  as  may  be  determined  by  the 
Committee, inviting applications within one month of such publication from persons claiming to succeed 
to that office. 

(2) Where only one person claims to succeed to the office of the Sajjadanashin and the Committee is 
satisfied as to his right to succeed, it shall, with the previous approval of the Chief Commissioner, pass an 
order in writing according recognition as Sajjadanashin to such person. 

(3) Where more persons than one claim to succeed to the office of the Sajjadanashin, the Committee 
shall, after consultation with the Chief Commissioner, refer the dispute to the Judicial Commissioner of 
Ajmer for a decision regarding the claim to succeed to that office, and the Judicial Commissioner, after 
taking  such  evidence  as  he  considers  necessary  and  after  giving  an  opportunity  to  the  claimants  to  be 
heard in respect of their claims, shall communicate his decision to the Committee. 

(4) The  Commitee,  on  the  receipt  of  the  decision,  shall,  with  the  previous  approval  of  the  Chief 
Commissioner,  pass  an  order  in  writing  in  accordance  with  such  decision  declaring  the  person  found 
entitled to succeed to the office of the Sajjadanashin and according recognition as Sajjadanashin to such 
person. 

(5) An order passed by the Committee under sub-section (2) or sub-section (4) shall be final and shall 
not be questioned in any court. 

14. **Power to solicit or receive offerings on behalf of the Durgah.**— (1) It shall be lawful for the 
Nazim or any person authorised by him in this behalf to solicit and receive on behalf of the Durgah any 
nazars  or  offerings  from  any  person,  and  notwithstanding  anything  contained  in  any  rule  of  law  or 
decision to the contrary, no person other than the Nazim of any person authorised by him in this behalf 
shall receive or be entitled to receive nazars or offerings or behalf of the Durgah. 

(2) Whoever solicits or receives any nazars or offerings in contravention of the provisions of sub-
section (1), shall be punishable with fine which may extend to one thousand rupees.

(3) The  Nazim,  the  Sajjadanashin,  the  employees  and  servants  of  the  Durgah  Endowment  and  all 
other persons authorised to do any act under this Act shall, while acting or purporting to act in pursuance 
of any of the provisions made by or under this Act, be deemed to be public servants within the meaning of 
section 21 of the Indian Penal Code.

15. **Committee to observe Muslim Law and tenets of the Chishti Saint.**—Save  as  otherwise 
provided under any enactment for the time being in force, the committee shall, in exercise of its powers 
and the discharge of its duties, follow the rules of Muslim Law applicable  to Hanafi Muslims in India, 
and shall conduct and regulate the established rites and ceremonies in accordance with the tenets of the 
Chishti Saint. 

16. **Board of Arbitration.**—(1) If any dispute arises between the Committee on the one part and the 
Sajjadanashin,  any  Khadim,  and  any  person  claiming  to  be  the  servant  of  the  Durgah  under  some 
hereditary right or any one or more of them on the other part and such dispute does not, in the opinion of 
the Committee, relate to any religious usage or custom or to the performance of any religious office, it 
shall at the request of either party to the dispute, be referred to a Board of Arbitration consisting of— 

  (i) a nominee of the Committee; 

  (ii) a nominee of the other party to the dispute; and 

  (iii) a person who holds or has held the office of, or is acting or has acted as, a district judge, to be 
appointed  by  the  Central  Government,  and  the  award  of  the  Board  shall  be  final  and  shall  not  be 
questioned in any Court. 

(2) No suit shall lie in any Court in respect of any matter which is required by sub-section (1) to be 
referred to a Board of Arbitration. 

17. **Defect  in  the  constitution  of,  or  vacancy  in,  the  Committee  not  to  invalidate  acts  and 
proceedings.**—No act  or proceeding  of  the  Committee  shall  be  invalidated  merely  by  reason  of  the 
existence of a vacancy among its members or a defect in the constitution thereof. 

18. **Enforcement of final orders of Committee.**—Where in the  exercise  of  its  powers  and 
performance of its duties the Committee passes any final order against any person directing him to do, or 
to abstain from doing something, the person against whom the order is directed shall be bound to comply 
with the order and in case of non-compliance with such order any civil court within the local limits of 
whose jurisdiction the person against whom the order has been passed, resides or carries on business may 
execute the order in the same manner and by the same procedure as if it were a decree or order passed by 
itself in a suit. 

19. **Audit of accounts and annual report.**—(1) The accounts of the Durgah shall be audited every 
year by such persons and in such manner as the Central Government may direct. 

(2) The  Committee  shall  every  year  prepare  a  report  on  the  administration  of  the  Durgah,  which, 
together with the accounts of the Durgah and the report of the auditor thereon, shall  be published in the 
Official Gazette. 

20. **Bye-laws.**—(1) The Committee may make bye-laws to carry out the purposes of this Act. 

(2) In particular and without prejudice to the generality of the foregoing power such bye-laws may 
provide for— 

  (a) the division of duties among the president and the members of the Committee; 

  (b) the time and place of, the quorum for, and procedure and conduct of business at, the meetings 
of the Committee; 

  (c) the security, if any, to be taken from the employees of the Committee; 

  (d) the books and accounts to be kept at the office of the Committee; 

  (e) the custody and investment of the property and the funds of the Durgah; 

  (f) the details to be included in or excluded from the budget of the Durgah; 

  (g) the persons by whom receipts may be granted for money paid to the Committee; 

  (h) the maintenance of peace and order within the Durgah compound and regulating the conduct 
of persons within the precincts of the Durgah; 

  (i) the duties and powers of the employees of the Durgah; 

  (j) the regulation of the cooking of degs and distribution of the food so cooked, notwithstanding 
any  judicial  decision  relating  to  the  right  of  any  person  or  class  of  persons  to  participate  in  such 
cooking or distribution; 

  (k) the powers and functions of the Advisory Committee and the matters in which the advice of 
the Advisory Committee may be sought by the Nazim; 

  (l) the manner of entering into contracts by or on behalf of the Committee. 

(3) Any power to make bye-laws conferred by this section is conferred subject to the condition of the 
bye-laws being first published in draft for objections by being hung up on the premises of the Durgah and 
of their not taking effect until they have been approved and confirmed by the Central Government and 
published in the Official Gazette. 

(4) The Central Government in approving and confirming a bye-law  may  make any change therein 
which appears to be necessary. 

(5) The  Central  Government  may,  after  previous  publication  of  its  intention  cancel  any  bye-law 
which it has approved and confirmed, and thereupon the bye-law shall cease to have effect. 

(6) Every bye-law made under this section and every order made by the Central Government under 
sub-section(5) shall be laid, as soon as may be after it is made, before each House of Parliament, while it 
is in session, for a total period of thirty days which may be comprised in one session or in two or more 
successive  sessions,  and  if,  before  the  expiry  of  the  session  immediately  following  the  session  or  the 
successive sessions aforesaid, both Houses agree in making any modification in the bye-law or order, or 
both  Houses  agree  that  the  bye-law  or  order  should  not  be  made,  the  bye-law  or  order  shall  thereafter 
have effect only in such modified form or be of no effect, as the case may be; so, however, that any such 
modification or annulment shall be  without prejudice to the validity of anything previously done under 
that bye-law or order.

21. **Transitional provisions.**—The  person  holding,  the  office  of  Sajjadanashin  immediately  before 
the  commencement  of  this  Act  shall,  on  and  from  such  commencement,  continue  to  hold  that  office 
subject to the other provisions of this Act and to the final decision in the suit relating to that office which 
is pending on such commencement and to which the said person is a party. 

22. **Repeal.**—The Durgah Khawaja,Saheb Act, 1936 (XXIII of 1936) and the Durgah Khawaja Saheb 
(Emergency Provisions) Act, 1950 (XVII of 1950) are hereby repealed.